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2016 (6) TMI 509 - CESTAT NEW DELHI

2016 (6) TMI 509 - CESTAT NEW DELHI - 2016 (344) E.L.T. 1098 (Tri. - Del.) - Allowability of Cenvat credit - Partially Oriented Yarn - used in manufacture of Polyester texturised yarn - Held that:- Once the polyester texturised yarn was cleared upto 31.03.2003 on payment of duty at concessional rate subject to the condition that the CENVAT credit of duty paid on POY used in the manufacture of polyester texturised yarn was not availed of, the question of admissibility of credit on POY contained i .....

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ised yarn would also not arise. Nowhere Rule 9A of CENVAT Credit Rules, 2002 contains anything to the contrary. - Decided against the appellant - E/3674/2005-EX[SM] - Final Order No. 51760/2016 - Dated:- 10-5-2016 - R. K. Singh, Member (Technical) For Appellant : Mr. Bipin Garg, Advocate For Respondent : Mr. GR Singh, DR ORDER Appeal has been filed against Order-in-Appeal dated 18.10.2005, which upheld the Order-in-Original dated 30.11.,2004, in terms of which CENVAT credit of ₹ 3,45,198/- .....

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ondition that no credit on input was taken) as per Notification No. 6/2002-CE, dated 01.03.2002. With the insertion of Rule 9A of CENVAT Credit Rules, 2002 with effect from 01.04.2003, CENVAT credit could be availed on inputs ( of finished goods) lying stock or in process or contained in finished product lying in stock as on 31.03.2003. 2. Revenue has contended that as polyester texturised yarn upto and including 31.03.2003 was cleared on payment of concessional rate of duty subject to the condi .....

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incorporating Rule 9A in the CENVAT Credit Rules, 2002 was to offset the cascading effect. (iii) It was also entitled to take the credit of duty in respect POY contained in the waste yarn arising in the process of manufacture of texturised yarn out of POY. 4. I have considered the contentions of both sides and perused the records. I find that Revenue has allowed CENVAT credit of ₹ 4,67,830/- as per the table given below:- Sl. No. Name of the Material Qty (Kgs) CENVAT (Rs.) SED (RS.) AED ( .....

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7.41 17,944 0 2,541 0 19,486 5. Grey Twisted (finished Stock) (Manufactured out of Texturised Yarn) 143.84 359 0 54 0 414 6. Dying (Finished Stock) (Manufactured out of Texturised Yarn) 848.27 2,121 0 318 0 2,439 Total 3,4,5, & 6 17651.52 44,129 0 6,619 0 50,748 7. Yarn Waste 427.00 - 0 0 0 0 8. Dyed Bright 717.08 7,261 7,261 2,178 0 16,700 Grand Total (Total of 1 to 8) 41473.51 2,78,747 1,25,767 66,677 2,639 4,67,830 The only dispute is whether CENVAT credit was admissible in respect of POY .....

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